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City Council

April 1, 2024 ·5:00 PM Final

City Hall | Council Chamber 757 N. Galloway Avenue | Mesquite, Texas

Agenda PDF Minutes PDF 📹 Watch video Official record ↗

Agenda — 60 items

  1. 1 Present: Mayor Daniel Alemán, Jr., and Councilmembers B. W. Smith, Jeff Casper, Tandy Boroughs, Kenny Green, Elizabeth Rodriguez-Ross and Brandon Murden, City Manager Cliff Keheley and City Secretary Sonja Land.
  2. 2 PRE-MEETING - TRAINING ROOMS A&B - 5:00 P.M.
  3. 3 AGENDA REVIEW
  4. 4 STAFF PRESENTATIONS
  5. 1 Receive departmental strategies and presentation from Historic Mesquite, Inc. related to City Council strategic goals and objectives. 24-7121
  6. 2 Receive briefing regarding possible changes to requirements for multifamily parking. 24-7120
  7. 7 (Any staff presentation not completed prior to the City Council Regular Meeting in the City Council Chamber at 7:00 p.m. may be presented and considered in the City Council Chamber following the Regular Meeting.)
  8. 8 EXECUTIVE SESSION - COUNCIL CONFERENCE ROOM - 5:00 P.M.
  9. 9 In accordance with Chapter 551 of the Texas Government Code, the City Council reserves the right to adjourn into executive session to discuss any of the following: • Pending and/or Contemplated Litigation • Purchase, Exchange, Lease or Value of Real Property • Personnel Matters • Economic Development
  10. 10 CITY COUNCIL/STAFF WORK SESSION - CITY COUNCIL CHAMBER - 6:28 P.M.
  11. 3 Receive Economic Development Department Council Update. 24-7097
  12. 12 page break
  13. 13 REGULAR CITY COUNCIL MEETING - CITY COUNCIL CHAMBER - 7:00 P.M.
  14. 14 INVOCATION
  15. 15 Jarrod Baker, Pastor, Peace Church, Mesquite, Texas.
  16. 16 PLEDGE OF ALLEGIANCE
  17. 16 2. Mr. Green stated that the next Courtyard Concert Series at the Mesquite Arts Center, 1527 North Galloway Avenue, will be held on Thursday, April 4, 2024, from 7:00 p.m. to 9:00 p.m., with artist Epic Unplugged. Inspired by MTV’s Unplugged, Epic Unplugged is an all-live music experience that includes vocals, a full band and a string quartet. Fans of all ages will enjoy epic rock from Queen, Muse, Pink Floyd, Killers, Led Zeppelin, Nirvana and more. Visit MesquiteArtsCenter.org for information on upcoming concerts. Also, at the Mesquite Arts Center, the Mesquite Arts Theatre presents “Beer for Breakfast” from Friday, April 12, 2024 to Sunday, April 28, 2024. The show tells the story of four middle-aged buddies who reunite for a guys’ weekend. They plan to party like it’s 1979 until one of the guys doesn’t show up…instead, his wife does. For more information, visit MesquiteArtsTheatre.org. 3. Ms. Rodriguez-Ross stated that the Friends of the Mesquite Public Library, 300 West Grubb Drive, will host the Spring Book Sale on Friday, April 26, 2024, and Saturday, April 27, 2024. The twice annual sale, which benefits the Mesquite Public Library System, features gently used books and DVDs. This may include children’s books, fiction, cookbooks, popular movies and more at reasonable prices. The book sales are vital to the Library as these funds pay for programs, prizes and giveaways, artwork and much more. Cash or checks are the only payment forms accepted. 4. Mr. Boroughs encouraged citizens to attend the Annual Rodeo Parade in Downtown Mesquite, on Saturday, April 6, 2024, at 10:00 a.m. The deadline to register parade floats is 5:00 p.m., on Wednesday, April 3, 2024, and the entry fee is $40.00. This year, the prizes for Rodeo Parade floats include “Best Solar Eclipse Theme” and “Best Overall Float.” 5. Mr. Boroughs invited citizens to attend the opening day of the Downtown Mesquite Farmers Market on Saturday, April 6, 2024. The market is fun for the entire family and offers locally grown produce, baked goods, bath and body products and much more. The Farmer’s Market will be held every Saturday through November at Front Street Station, 100 West Front Street, from 9:00 a.m. to 1:00 p.m. Free tote bags will be provided to the first 200 visitors on opening day. 6. Mr. Smith invited families to the City of Mesquite Family Fish on Saturday, April 20, 2024, from 9:00 a.m. to Noon, at City Lake Park, 200 Parkview Street. The first 100 kids at the event will receive a free fishing rod while supplies last. Fishing bait, hooks and other materials will not be provided. Family Fish attendees will have the opportunity to participate in the smallest and largest fish tournaments for prizes. City Lake Park is part of the Texas Parks and Wildlife Department’s Neighborhood Fishin’ program and is stocked several times per year with catfish and rainbow trout. 7. Mr. Murden announced that the Doggy Derby Day will be held on Saturday, April 20, 2024, from 10:00 a.m. to 1:00 p.m., at the Opal Lawrence Historical Park, 711 East Kearney Street. This free, Kentucky Derby-themed event will include a doggy hat decorating station, best hat contest for the dogs and treats for pets and humans. Mesquite Animal Services will be on-site offering pet adoptions along with $10.00 microchipping for pets and low-cost vaccinations. All dogs must show proof of vaccination and be leashed at all times. 8. Mr. Murden encouraged citizens to “save the date” for the Trash Bash event on Saturday, April 27, 2024, from 8:00 a.m. to Noon. Keep Mesquite Beautiful, Inc., hosts this citywide cleanup event to give families, neighbors and groups an opportunity to help beautify the community. Volunteers are requested to pre-register to help event organizers coordinate supplies and cleanup site locations. 9. Mayor Alemán thanked the Mesquite Elks Lodge No. 2404 for recently hosting a dinner and awards ceremony honoring some very important citizens in the community. Award recipients include Janet Launza as Citizen of the Year, Patrick King as Police Officer of the Year and Brian Hill as Firefighter of the year. Congratulations to these award recipients and thank you again to the Elks, who donate funds which supplement City programs and services for the community. 10. Mayor Alemán reminded everyone that the “Solar Rodeo” is next week. The “Solar Rodeo” will include events and activities leading up to and on the day of the solar eclipse on Monday, April 8, 2024. Mesquite is a prime viewing location for this once-in-a-lifetime event. There will be activities for the entire family across the City beginning on Saturday, April 6, 2024. Citizens can visit www.cityofmesquite.com/SolarRodeoTips for safety and preparation information. He encouraged citizens to be patient as there will be lots of visitors in town, which means increased traffic.
  18. 17 Members of Project LEAD inaugural class.
  19. 18 SPECIAL ANNOUNCEMENTS
  20. 19 1. Mr. Casper stated that the Mesquite Summer Youth Internship Program is a paid internship program for high school students that help young people acquire the skills and training necessary to transition into college and future careers. An information session for students and parents will be held on Friday, April 5, 2024, at 4:30 p.m., at the Mesquite Main Library, 300 West Grubb Drive. Also, if you are a business owner or operate a non-profit organization, the City would like to partner with you to place an intern with your business over the summer.
  21. 20 CITIZENS FORUM
  22. 21 1. John Tywater, 3826 O’Hare Drive, expressed concerns regarding drainage and speeding in his neighborhood. 2. Terri White, 505 Riggs Circle, expressed concerns regarding the Texas Commission on Environmental Quality’s (TCEQ) Draft Permit 3563. 3. Roy and Marci LaBeach, 427 Feathercrest Lane, are the owners of Reggae Wings & Tings and stated that due to renovation of the shopping center where their restaurant is located, they are searching for a new lease space and requested the City’s help
  23. 22 CITIZENS COMMENTS
  24. 22 Approval of the Consent Agenda Approved on the Consent Agenda Pass
  25. 23 At this time, any individual wishing to discuss any matter on the agenda shall be allowed to speak for a length of time not exceeding three minutes on a first-come, first-served basis. Citizens addressing the Council through a translator will be allowed six minutes. Anyone desiring to speak on an item scheduled for a public hearing is requested to hold their comments until the public hearing on that item.
  26. 24 APPOINTMENTS FOR PERSONAL APPEARANCE
  27. 4 Receive presentation regarding the Fiscal Year 2022-2023 Annual Report from the Mesquite Quality of Life Corporation Board of Directors. 24-7096
  28. 26 CONSENT AGENDA
  29. 27 (All items on the Consent Agenda are routine items and may be approved with one motion; however, should any member of the Council or any individual wish to discuss any item, said item may be removed from the Consent Agenda upon request by a City Councilmember.)
  30. 5 Minutes of the regular City Council meeting held March 18, 2024. 24-7124 Approved Pass
  31. 6 An ordinance amending the City Code by revising certain sections in Chapter 10 (Offenses - Miscellaneous), Article V (Condition of Premises) for the purpose of updating the provisions related to high weeds, high grass, and edging requirements, landscaping and vegetation maintenance requirements and tree maintenance requirements. 24-7068 Approved Pass
  32. 7 An ordinance amending the City Code by revising certain sections in Chapter 10 (Offenses - Miscellaneous), Article VI (Nuisances) for the purpose of updating the City’s junked and abandoned vehicle requirements and updating provisions regarding nuisance parties thereby ensuring the City’s ordinance is aligned with recent changes in State law, and providing for other miscellaneous updates as needed. 24-7084 Approved Pass
  33. 8 A resolution authorizing the City Manager to execute an Interlocal Agreement with the City of Crandall to provide wholesale wastewater service to Crandall through the Lower East Fork Wastewater Interceptor System (LEFIS), also known as Mustang Creek Interceptor. 24-7116 Approved Pass
  34. 9 Bid No. 2024-097 - Purchase of Office Furniture for New Field Services Building. (Authorize the City Manager to finalize and execute the necessary documents with Preferred Business Solutions, through The Interlocal Purchasing System (TIPS) Contract No. 220303, for the Phase Two furniture purchase in the amount of $120,960.50 and to ratify the Phase One purchase in the amount of $92,142.55.) 24-7129 Approved Pass
  35. 32 END OF CONSENT AGENDA
  36. 10 Authorize the City Manager to finalize and execute Amendment No. 5 to the 2017 Sanitary Sewer Replacement Project, Phase 2, with Binkley & Barfield, Inc., for additional design and preparation of construction documents in an amount not to exceed $20,157.50. 24-7125 Approved Pass
  37. 11 Authorize the City Manager to finalize and execute a First Amendment to Mesquite Metro Airport Lease and Indemnity Agreement with ATP USA, INC. 24-7063 Approved Pass
  38. 12 Authorize the Mayor to execute a Second Amendment to an Employment Agreement between the City of Mesquite, Texas, and City Manager Cliff Keheley. 24-7133 Approved Pass
  39. 13 Approve Amendment No. 2 to the 2023-24 Police State Seizure Budget in accordance with Title 28, Section 524, of the United States Code and Chapter 59 of the Texas Code of Criminal Procedure in the amount of $56,931.00. 24-7126 Approved Pass
  40. 37 PUBLIC HEARINGS
  41. 38 (City Council may approve a different zoning district than the one requested, except that the different district may not (1) have a maximum structure height or density that is higher than the one requested; or (2) change the uses to include nonresidential when the request is for solely residential uses or vice versa.)
  42. 38 Attest: Approved: __________________________________ __________________________________ Sonja Land, City Secretary Daniel Alemán, Jr., Mayor
  43. 14 Conduct a public hearing and consider a resolution approving the terms and conditions of a program to promote local economic development and stimulate business and commercial activity in the City, authorizing the City Manager to finalize and execute an Economic Development Program Agreement (Chapter 380 Agreement) with Greenliner, LLC, for the lease and occupation of the industrial park facility located at 2700 East Scyene Road, Mesquite, Texas, and authorizing the City Manager to take such actions and execute such documents as are necessary or advisable to consummate the transactions contemplated by the agreement and administer the agreement on behalf of the City. 24-7010 Approved Pass
  44. 15 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0224-0349, submitted by IH 20 IP, LLC, for a Comprehensive Plan amendment from Light Industrial to Commercial and High Density Residential and a change of zoning to amend Planned Development - GR, General Retail (Ordinance No. 4969) to allow multi-family residential uses in addition to retail uses, located at 4300 Lawson Road. (No responses in favor and one in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) 24-7132 Approved Pass
  45. 16 Conduct a public hearing and consider an ordinance for Zoning Application No. Z0823-0321, submitted by Tierra Carter-Simmons of Inspiring You to Greatness, for a Comprehensive Plan amendment from Commercial to Low Density Residential and a change of zoning from Agricultural to Planned Development - R-3, Single-Family Residential to allow a 16-lot single-family subdivision, located at 10079 South Belt Line Road. (No responses in favor and one in opposition to the application have been received from property owners within the statutory notification area. The Planning and Zoning Commission recommends approval with certain stipulations.) 24-7119 Denied Pass
  46. 42 ADJOURNMENT
  47. 43 NOTICE OF EXECUTIVE SESSION
  48. 44 Pending and Contemplated Litigation
  49. 45 Pursuant to Section 551.071 of the Texas Government Code, the City Council will meet in closed session to consider pending or contemplated litigation subjects or settlement offers. The following cases/subjects may be discussed: 1. Anthony Wagner v. City of Mesquite, Texas, Cause No. DC-22-02864 - Filed 03-14-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-22-00826-CV - Filed 08-10-2022 2. City of Dallas, City of Mesquite, et al., v. Disney DTC, LLC, et al., Cause No. DC-22-09128 – Filed 08-03-2022; appeal to 5th District Court of Appeals, Dallas, Cause No. 05-23-00485-CV - Filed 05-19-2023 3. Cesar Nunez-Solis v. The City of Mesquite, Texas, Cause No. DC-22-11631 - Filed 09-06-2022 4. J'Mei Walker, II v. City of Mesquite. Cause No. DC-23-04762 - Filed 04-11-2023 5. State of Texas v. Villa, Cause No. 05-22-00220-CR, pending in the Court of Criminal Appeals, Cause No. PD-0756-23
  50. 46 6. David Briones v. City of Mesquite and Steven Pierce, Cause No. CC-23-05044-E – Filed 08-04-2023 7. Michael L. Fogarty, April M.C. Gomez, and Victor Gomez v. City of Mesquite/Fire Dept, Mesquite EMTS, Kris Kyle; South Mesquite Regional Hospital, Cause No. DC-23-16587, Filed 09-28-2023 8. April Patton v. City of Mesquite, Cause No. DC-23-14996, Filed 09-13-2023 9. Danny Booker v. City of Mesquite Risk Management, Cause No. DC-23-18301 - Filed 10-25-2023 10. Elgin Singleton v. City of Mesquite, Cause No. DC-23-18152 - Filed 10-25-2023 11. Avery Fuentes v. Jeffery Holland and City of Mesquite, Cause No. DC-23-19555 - Filed 11-20-2023 12. Bethany Hall and Antonio Holmes v. City of Mesquite, et al; Case No. DC-24-00034, Filed 01-02-2024; removed to the United States District Court for the Northern District of Texas, Dallas Division, Case No. 3:24-cv-00231-B, on 01-30-2024 13. Dominick Green v. R. Rose, C. Pabst and the City of Mesquite, Texas, Cause No. 3:24-cv-00337-X, Filed 02-12-2024 14. Mesquite Asset Recovery Group, LLC; Verde Center Partners, LLC; HQZ Partners, L .P.; Lang and Company, LLC; and MCG-124, LLC v. City of Mesquite, Texas, Cause No. DC-24-02668, Filed 02-15-2024
  51. 47 Personnel Matters
  52. 48 Pursuant to Section 551.074 of the Texas Government Code, the City Council may consider the appointment, evaluation, employment, reassignment, duties, discipline or dismissal of the City Manager, City Attorney, Municipal Court Judge, City Secretary, members of the various City boards and commissions, and City officers or other employees. A complete list of the members of the City boards and commissions is on file in the City Secretary’s office.
  53. 49 Following discussions in executive session, the City Council will reconvene in open session where any final action regarding executive session items will be taken.
  54. 50 The City Council reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters posted on this agenda, when such executive session is authorized by Texas Government Code Section 551.071 (Consultation with Attorney), 551.072 (Deliberations regarding Real Property), 551.073 (Deliberations regarding Gifts or Donations), 551.074 (Personnel Matters), 551.076 (Deliberations regarding Security Devices or Security Audits) and 551.087 (Economic Development); Texas Tax Code Section 321.3022 (Sales Tax Information) and Texas Government Code Section 418.183(f) (Emergency Management).
  55. 51 The City Hall is wheelchair accessible. Any requests for sign interpretive services must be made 48 hours in advance of the meeting. To make arrangements, call the City Secretary's office at 972-216-6244 or TDD 1-800-735-2989.
  56. 52 Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.
  57. 53 Conforme a la Sección 30.06 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego oculta), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando un arma de fuego oculta.
  58. 54 Pursuant to Section 30.07, Penal Code (trespass by license holder with an openly carried handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a handgun that is carried openly.
  59. 55 Conforme a la Sección 30.07 del Código Penal (entrada ilegal de persona titular de licencia con arma de fuego a la vista), personas con licencia segun el Sub-capitulo H, Capitulo 411, Código de Gobierno (ley de permiso para portar arma de fuego), no deben entrar a esta propiedad portando una arma de fuego a la vista.
  60. 56 Pursuant to Section 551.007 (c) of the Texas Local Government Code, any member of the public wishing to address the City Council through the use of a translator is granted at least twice the amount of time as a member of the public who does not require the assistance of a translator.